Does the beyond-the-reasonable doubt standard apply?

California, United States of America


The following excerpt is from People v. Johnson, E070242 (Cal. App. 2019):

We also note that, even assuming the beyond a reasonable doubt standard did apply, defendant could not show that the trial court erred. "'[A]n order is presumed correct; all intendments are indulged in to support it on matters as to which the record is silent, and error must be affirmatively shown.' [Citation.]" (People v. Carpenter (1999) 21 Cal.4th 1016, 1046.) Here, the trial court did not specify what standard of proof it was using. Thus, defendant can hardly show that it used an erroneous one.

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